Sanjay Sharma @ Sanjeev Kumar Sharma @ Sanjay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36595 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- AMARPUR District- Banka ====================================================== Sanjay Sharma @ Sanjeev Kumar Sharma @ Sanjay Paswan S/o Pramod Sharma, R/o Vill.- Dumrama, Ward No. 4, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Roy, APP 240 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and the State.

The petitioner is languishing in jail since 07.04.2018 in connection with Amarpur P.S. Case No. 159 of 2018 registered under Sections 366A, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the allegation is that the petitioner had kidnapped the girl, the victim-girl in her statement under Section 164 of the Criminal Procedure Code has categorically stated that she herself has gone with the petitioner to Bhagalpur and there they had got married in Burhanath Mandir and went to Bareli. In view of such statement made under Section 164 of the Criminal Procedure Code, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.36595 of 2018(3) dt.31-07-2018 2/2 (rupees ten thousand) with two sureties of the like amount each in connection with Amarpur P.S. Case No. 159 of 2018 to the satisfaction of the Chief Judicial Magistrate, Banka, on the following conditions.

(1) One of the bailors will be his own blood relative, preferably father, mother, brother, sister of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Shamshad/- U T